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1968 Supreme(Ker) 275

V.B.ERADI
Doraswami Chettiar – Appellant
Versus
Nhandammadan Kunhiraman – Respondent


JUDGMENT

V. Balakrishna Eradi, J.

1. The petitioner is the owner of a building in Payyannur amsom. The ground floor portion of the said building consisting of three shop rooms and their anterooms had been let out by the petitioner to the 1st respondent under a kychit dated 29.11.1962 executed by the latter in the petitioner's favour. The petitioner filed R.C.O.P. No. 3 of 1964 before the Rent Controller, Payyannur under S.11(2), (3) and (8) of the Kerala Buildings (Lease and Rent Control) Act, 1959, (Act 16 of 1959) for eviction of the 1st respondent from the building on the grounds of non payment of arrears of rent and bona fide need for the petitioner's own occupation.

2. The case of the petitioner was that the upstairs portion of the building in which he was residing was totally inadequate for the needs of his family, which consisted of 15 members at the time of the petitioner's making the application, that the petitioner was also unable to climb up the stairs due to old age and illness and that therefore he bona fide needed the rooms on the ground floor for his own occupation and for that of the members of his family depending on him. It was also pleaded that the tenant had kept t















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